When an injured worker in Texas is able to perform light or modified duty work before fully recovering, workers comp benefits shift from temporary total disability (TTD) to temporary partial disability (TPD) — also called a wage differential benefit. The wage differential is the difference between your pre-injury average weekly wage and your current reduced earnings, paid at 70% under most state formulas. For example, if you earned $1,000 per week before your injury and now earn $600 per week in light duty, your wage differential would be 70% of $400, or approximately $280 per week from workers comp.
Employers in Texas have a financial incentive to offer light duty work because it reduces their workers comp costs. You have the right to refuse light duty if the offered position exceeds your physician's medical restrictions. If your employer's light duty offer is within your restrictions and you refuse without good cause, your TTD benefits may be suspended or reduced. Always obtain written documentation of the specific duties, physical demands, and hours of any light duty position before accepting — and have your treating physician confirm the position is within your restrictions in writing.
Once you return to full duty, your TTD and wage differential benefits stop. However, if you subsequently need additional medical treatment, the claim remains open. The Texas Department of Insurance, Division of Workers' Comp oversees return-to-work disputes in Texas, and you have 90 days to challenge a decision you disagree with. Keep detailed records of all offers of modified work and all correspondence with your employer and their insurer during the return-to-work process.
| State | Texas |
|---|---|
| Administering Authority | Texas Department of Insurance, Division of Workers' Comp |
| TTD / Wage Differential Rate | 70% of wage differential |
| Maximum Weekly Benefit | $1,087 |
| Max TTD / TPD Duration | Up to 104 weeks |
| Appeal Deadline | 90 days |
A wage differential benefit in Texas pays the difference between your pre-injury average weekly wage and your reduced post-injury earnings, multiplied by the state's benefit rate of 70%. It kicks in when your doctor clears you for light or modified duty work but your new reduced wage is lower than what you earned before the injury. It bridges the income gap while you continue to recover.
In Texas, you can refuse light duty if the job offer genuinely exceeds your physician's work restrictions. If the offered duties are within your restrictions and you refuse, your TTD benefits can be suspended. To protect yourself: (1) get the job description in writing, (2) have your doctor review it and confirm whether it's within restrictions, and (3) respond formally in writing if you believe the offer exceeds your restrictions.
Wage differential / TPD benefits in Texas typically last up to 104 weeks from the date of injury, or until you return to your pre-injury wage, reach MMI, or reach the state's maximum benefit period. In some states, TPD benefits have a separate, shorter duration cap than TTD. Contact the Texas Department of Insurance, Division of Workers' Comp or an attorney if your employer terminates your wage differential benefits before you have fully recovered.